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(영문) 의정부지방법원 2018.11.16 2018고단2612
업무방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 22, 2017, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court due to interference with business affairs, etc., and completed the execution of the sentence on April 20, 2018.

On June 9, 2018, the Defendant: (a) completed the discharge process on the part of the first floor of D Hospital C located in Spocheon-si C on June 15:0, 2018; (b) completed the discharge process on the part of D Hospital C; (c) sent to the Victim E, who works in the place of such process, so as to give the Victim E a flo

달라고 요청하였다가 피해 자로부터 거절당하자 이에 화가 나 면회객들에게 소리를 지르고, 데스크 앞 및 1 층 복도를 돌아다니면서 피고인 소유의 커피 믹스, 치약, 칫솔, 비눗갑 등을 집어던지고, 병원 입구 유리문 앞에 드러누워 있는 등 약 70 분간 소란을 피워 위력으로 피해자의 병원 원무행정 업무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a written notification of inquiry, the Seoul Northern District Court Decision 2017 High Court Decision 2048 High Court Decision 2048, one copy of the confinement status for each individual;

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment according to the sentencing guidelines of the Supreme Court] The area of aggravation (the same type of repeated crime, one year to three years and six months) of the scope of interfering with the duties of the group of interfering with the duties (the same type of repeated crime, one year and six months) / [the decision of sentencing] has a record of having been subject to criminal punishment several times for violent crimes even before the defendant had been sentenced to punishment for six months due to the crime such as interference with the duties under the influence of alcohol, in particular, since he was sentenced to punishment for six months for the crime such as interference with the duties under the influence of alcohol and completed the execution of the sentence, he

Considering the circumstances in which the defendant is receiving treatment with respect to alcohol, the defendant's act is not good and has a high possibility of criticism in light of the form and degree of the defendant's act.

It is necessary to punish the defendant strictly.

The motive and background of the crime, including the above circumstances, and the crime.

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